Citas bibligráficas
Ferrer, D., (2015). La prescripción adquisitiva de dominio y su perjuicio por gravámenes del propietario registral no poseedor [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/1002
Ferrer, D., La prescripción adquisitiva de dominio y su perjuicio por gravámenes del propietario registral no poseedor [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2015. https://hdl.handle.net/20.500.12759/1002
@misc{renati/375519,
title = "La prescripción adquisitiva de dominio y su perjuicio por gravámenes del propietario registral no poseedor",
author = "Ferrer Mantilla, Dino Eduardo",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2015"
}
Acquisitive prescription is a way to acquire the property due to the passage of time, so as expressly stated in Articles 950 and 951 of the Civil Code. It is a way to acquire the property because it is produced based on the transformation of the keeper owner or through the passage of time, by acquisitive prescription domino what you are looking for is recognized as a property owner to one who I was using it as if it were real owner, during the term that indicates lay. In fact, before prescribing begin the process of acquisitive prescription, no owner the owner of the property can affect at any time or anticipate enrollment demand in public records to affect the well with collateral such as the mortgage, which directly affect prescribing holder. What makes ask ourselves the following question: how they affect these mortgages on the property subject of adverse possession which are taxed intentionally by the owner to see that a judge's decision granted the property to the prescriber. Are there legal defense mechanisms? Can you run the collateral relapse about the property regardless of the right holder? Any time you start the process of acquisitive prescription, the holder acquire ownership with all the burdens on the property? Nothing prevents the registered owner of the real property of limitations will constitute liens to secure an obligation in favor of a third party in good faith. This is where comes concepts as fundamental as land registration that arises from necessity of certainty of contracting and grant legal security through a register content to be relevant land registration in our registration system. Land registration would be sustained and uninterrupted externalization of certain legal situations that organizes and UNIVERSIDAD PRIVADA ANTENOR ORREGO- FACULTAD DE DERECHO Y CC.PP UPAO vi implements the State through an operational body to produce cognoscibilidad to third overall in order to protect the rights and safety in traffic thereof. In this regard, the mortgage we talked to the detriment of prescribing is a security interest. Also expresses well the Civil Code: By the mortgage a property as security for performance of any obligation, own or third party is affected. The warranty does not determine the dispossession and gives the creditor's rights persecution, preference and judicial sale of the mortgaged property. The mortgage, like all security rights is ancillary to an obligation. The latter is the main thing and has its own life: can subsist without warranty. Instead, the mortgage can not exist alone, necessarily must be ancillary to an obligation. The subject of right to the creditor is well result of registration and not the supply of goods as in the garment. There is therefore no legal support and material. The third party purchaser has been in a position to know, by the registered data, that the property was mortgaged. Then suffers the brunt of the mortgagee, despite having no legal relationship with him While it is true legal certainty can be affected in recognition that the registration records are presumed valid on which would fall at once validly levy, to be a non registered factually contradicts reality. Speaking on a mortgage tax levied on real property acquired by adverse possession can extrapolate the conclusions to which the doctrine is oriented when they speak of a diligent creditor, which may result in verifying or checking that is not the only owner and registrant who offers guarantee the property but also have the certainty that the actual possession at the time of its formation the case of a holder does not prescribing in this case. Then it would be appropriate to require the mortgagee make the necessary verification measures, is not sufficient benefit to the main registry on each of your requirements, such as good faith, but should be comprehensive in effect, in which predominates facticity of usucapiente holder.
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